Common use of Loss of FATCA Grandfathering Clause in Contracts

Loss of FATCA Grandfathering. Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the First Amendment Effective Date, the Borrower and the Administrative Agent shall treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Term B Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: Credit Agreement (Gci Inc), Credit Agreement (General Communication Inc)

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Loss of FATCA Grandfathering. Solely for purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the First effective date of this Amendment Effective DateNo. 3, the Borrower and the Administrative Agent shall treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Loans (including the Term B B-2 Loans and the Term B-3 Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 2 contracts

Samples: Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the First Amendment Effective Execution Date, the U.S. Borrower and the Administrative Agent shall agree to treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Term B Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Incremental Amendment (Crown Holdings Inc)

Loss of FATCA Grandfathering. Solely for purposes of determining withholding Taxes Tax imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the First Amendment Effective Dateeffective date of the Amendment, the Borrower and the Administrative Agent shall treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Term B Loans (including any Loans already outstanding) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Omnicare Inc)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the First Amendment Effective Execution Date, the U.S. Borrower and the Administrative Agent shall agree to treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Existing Term B A Loans and the Additional Term A Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Incremental Amendment (Crown Holdings Inc)

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Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from and after the First Amendment Effective Dateeffective date of this Amendment, the Borrower and the Administrative Agent shall treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Second Amended and Restated Credit Agreement and the Loans (including the Tranche B Term Loans and any Tranche B Loans Revolving Loans) as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from FATCA),from and after the First Amendment Effective Closing Date, the Borrower Company and the Administrative Agent shall agree to treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Term B Amended Credit Agreement and the Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Omnova Solutions Inc)

Loss of FATCA Grandfathering. Solely for For purposes of determining withholding Taxes imposed under the Foreign Account Tax Compliance Act (FATCA), from FATCA),from and after the First Amendment No. 1 Effective Date, the Borrower and the Administrative Agent shall agree to treat (and the New Term B Lenders hereby authorize the Administrative Agent and Loan Parties to treat) the New Term B Amended and Restated Credit Agreement and the Loans as not qualifying as “grandfathered obligations” within the meaning of Treasury Regulation Regulations Section 1.1471-2(b)(2)(i).

Appears in 1 contract

Samples: Credit Agreement (Cooper-Standard Holdings Inc.)

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